공인중개사의업무및부동산거래신고에관한법률위반
The judgment of the court below is reversed.
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. Summary of grounds for appeal;
A. In the event of a mistake of fact, the Defendant received three times from G Co., Ltd. (in the case of a stock company, the name of the corporation is stated only in the first time, and the latter is omitted), not real estate brokerage commission, but the sales agency fee or other equivalent consulting service commission. Therefore, the Defendant did not receive the brokerage commission
B. The lower court’s sentence of unreasonable sentencing (2 million won of fine) is too unreasonable.
2. The Defendant of the facts charged in this case is a licensed real estate agent who operates the office of “F” licensed real estate agent office in Songpa-gu, Seoul.
Although a broker, etc. does not receive money in excess of statutory fees or actual expenses under the pretext of case, donation, etc., the Defendant received money in excess of the statutory fees or actual expenses on three occasions as follows.
On March 12, 2012, the Defendant: (a) arranged a sales contract with respect to the above Eth (hereinafter “instant shopping mall”); (b) Nos. 117, 118, 145, and 146, concluded between G and H (hereinafter “instant shopping mall”); and (c) arranged a sales contract with respect to the instant shopping mall; and (d) the same year.
3. From 16. to 16. The same year.
4. Until December 13, 199, G received money and valuables exceeding 23,460,000 won as a statutory brokerage commission by collecting a total of 42,90,000 won from G as a brokerage commission.
B. On March 29, 2012, the Defendant arranged a sales contract for the instant shop No. 110 (hereinafter “instant shop No. 2”) concluded between G and I at the said licensed real estate agent office, and then the same year.
5.4. Receiving money and valuables from G in excess of KRW 4,65,00, as a commission, in excess of the statutory brokerage commission of KRW 13,475,00.
C. On August 31, 2012, the Defendant arranged a sales contract for the instant commercial building No. 113 (hereinafter “instant third shop”) concluded between G and J at the said licensed real estate agent office, and thereafter September 3 of the same year.